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Resolution-PC 2012-104RESOLUTION NO. PC2012 -104 A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION APPROVING AN AMENDMENT TO CONDITIONAL USE PERMIT NO. 2828 AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH (DEV2012- 00139) (2541 WEST LA PALMA AVENUE) WHEREAS, on December 8. 1986, and subject to certain conditions of approval, the Planning Commission of the City of Anaheim, by its Resolution No. PC86 -309, did approve Conditional Use Permit No. 2828 to permit an automobile body repair shop with waiver of minimum number of parking spaces (herein referred to as the "Original CUP ") on that certain real property located at 2541 West La Palma Avenue in the City of Anaheim, as legally described on Exhibit A attached hereto and incorporated herein by this reference (the "Property"); and WHEREAS, Planning Commission Resolution No. PC86 -309 contained the following condition of approval: "5. That this use permit is hereby granted for a period of one (1) year, to expire on December 8, 1987. A subsequent use permit shall be obtained if the use is continued. Continuation of the use may be based on a determination of whether the waiver of the minimum acquired number of parking spaces (38% of Code requirement is provided) has had an adverse affect on nearby uses and whether the number provided has proven to be adequate" WHEREAS, the 1.6 -acre Property is developed with an approximately 24,000 square foot industrial building that has been operating as an automobile body repair shop since 1990. WHEREAS, the Property is located in the Industrial Zone and the Anaheim General Plan designates the Property for Industrial land uses; and WHEREAS, the Planning Commission did receive a verified Petition for an amendment to the Original CUP (herein referred to as "Conditional Use Permit No. 2828A ") to delete the above -noted condition of approval establishing a one -year time limit for the use (collectively referred to herein as the "proposed project'); and WHEREAS, the conditions of approval which were the subject of the Original CUP shall be referred to herein collectively as the 'Previous Conditions of Approval; and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on December 17, 2012 at 5:00 p.m., notice of said public hearing baving been duly given as required by law and in accordance with the provisions of Chapter 18.60 of the Code, to hear and consider evidence for and against said proposed conditional use permit to investigate and make findings and recommendations in connection therewith; and PC2012 -104 WHEREAS, as the lead agency under the California Environmental Quality Act (Public Resources Code Section 21000 et seq.; herein referred to as "CEQA "), the Planning Commission finds and determines that the proposed project is within that class of projects which consist of the repair, maintenance, and/or minor alteration of existing public or private structures or facilities, involving negligible or no expansion of use beyond that existing at the time of this determination, and that, therefore, pursuant to Section 15301 of Title 14 of the California Code of Regulations, the proposed project will not cause a significant effect on the environment and is, therefore, categorically exempt from the provisions of CEQA; and WHEREAS, the Planning Commission, after due inspection, investigation and study made by itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing pertaining to the request for an amendment to the Original CUP to delete a condition, does find and determine the following facts: 1. The proposed amendment to the Original CUP to delete a one -year time limit for an automobile body repair shop with waiver of minimum number of parking spaces is properly one for which a conditional use permit is authorized by Anaheim Municipal Code Section 18.10.030 (Uses) of the Zoning Code. 2. The proposed amendment to the Original CUP would not adversely affect the adjoining land uses, or the growth and development of the area in which it is proposed to be located because the project will not have a negative impact on the adjacent uses. The property has been used as an automobile body repair shop for over 20 years without any detriment to the surrounding community. 3. The size and shape of the site is adequate to allow the full development of the proposed use, in a manner not detrimental to either the particular area or health and safety because the site can accommodate the parking, traffic flows, and circulation without creating detrimental effects on adjacent properties. 4. The traffic generated by the proposed use will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area because the vehicular circulation is designed to minimize impacts on the surrounding businesses and because the intensity of the use and number of vehicles entering and exiting the Property will not increase as a result of this proposal. 5. The granting of the conditional use permit under the conditions imposed will not be detrimental to the health and safety of the citizens of the City of Anaheim because the project has been designed to minimize impacts on the surrounding businesses. NOW, THEREFORE, BE IT RESOLVED that this Planning Commission does hereby approve Conditional Use Permit No. 2828A. -2- PC2012 -104 BE IT FURTHER RESOLVED, that this permit is approved without limitations on the hours of operation or the duration of the use. Amendments, modifications and revocations of this permit may be processed in accordance with Chapters 18.60.190 (Amendment to Permit Approval) and 18.60.200 (City - Initiated Revocation or Modification of Permits) of the Anaheim Municipal Code. BE IT FURTHER RESOLVED that the applicant is responsible for paying all charges related to the processing of this discretionary case application within 15 days of the issuance of the final invoice. Failure to pay all charges shall result in the revocation of the approval of this application. BE IT FURTHER RESOLVED that, with the exception of the deletion of Condition of Approval No. 5 of Planning Commission Resolution No. PC86 -309, the Previous Conditions of Approval contained in said original Resolution shall remain in full force and effect. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of December 17, 2012. Said Resolution is subject to the appeal provisions set forth in Chapter 18.60 ("Zoning Provisions - General ") of the Anaheim Municipal Code pertaining to appeal procedures and may be replaced by a City Council Resolution in the event of an appear w, LJ %,,,, CHAIR PRO VEMPOI ATTEST: SENIOR CITY PLANNING COMMISSION 'ARY, ANAHEIM CITY PLANNING COMMISSION -3- PC2012 -104 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Grace Medina, Senior Secretary of the Anaheim City Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim City Planning Commission held on December 17, 2012, by the following vote of the members thereof: AYES: COMMISSIONERS: BOSTWICI<, FAESSEL, LIEBERMAN, PERSAUD, SEYMOUR NOES: COMMISSIONERS: AGARWAL, RAMIREZ ABSENT: COMMISSIONERS: NONE IN WITNESS WHEREOF, I have hereunto set my hand this 17 °i day of December, 2012. SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION -4- PC2012 -104 I ff I Ad T`II DEV N®. 2012 -00139 W LA PALMA AVE 5- PC2012 -104 APN:071- 521 -08 �J W WOODLAND DR �A ° G0 100 Source: Recorded Tract Maps and/or City GIS. rG�c Please note the accuracy is +/- two to five feel.